1. Definitions
1.1 "Company" refers to GAPS Water Treatment.
1.2 "Customer" refers to any individual, business, or organization purchasing goods or services from the Company.
1.3 "Goods" refers to any equipment, installation services, or related items provided under the Contract, whether affixed to real property or not.
1.4 "Contract" refers to the agreement between the Company and the Customer for the purchase of Goods.
1.5 "Conditions" refers to these terms and conditions of sale.
2. Scope of Application
2.1 Unless otherwise expressly agreed upon in writing, these Conditions form an integral part of every Contract, overriding any terms or conditions provided by the Customer.
2.2 No employee or agent of the Company, other than a Director, has the authority to amend or waive these Conditions. Any amendments must be made in writing.
3. Representations
3.1 The Customer cannot rely on any representations made by the Company or its employees unless those representations are explicitly documented in the Contract.
3.2 If the Customer intends to rely on any representation not included in the Contract, this must be communicated to the Company in writing prior to entering into the Contract. Such reliance requires the Company’s written acceptance.
4. Quotations and Offers
4.1 Any quotation or offer provided by the Company remains valid for a period of thirty (30) days from the date issued, unless stated otherwise in writing.
5. Inspection and Warranty
5.1 The Customer is required to inspect the Goods upon delivery. Any defects, shortages, or incorrect deliveries must be reported to the Company within seven (7) days. Failure to do so within this period releases the Company of any related liability. Claims for non-delivery must be submitted within twenty (20) days of the Customer being notified of the Goods’ dispatch.
5.2 If faults appear in the Goods within one (1) year of delivery and are promptly reported, the Company will examine the Goods. If the fault results from the Company’s design, manufacture, or workmanship, the Company may, at its discretion, repair or replace the Goods without charge and may refund any return shipping costs.
5.3 For Goods supplied outside the UK, the Customer assumes responsibility for all return shipping or inspection costs.
5.4 The Customer may benefit from applicable manufacturer warranties for parts not produced by the Company, and such warranties can be made available on request.
5.5 Except for consumers as defined by applicable law, all other warranties or conditions of sale are excluded to the fullest extent permitted.
6. Delivery
6.1 Delivery shall be made "ex works" unless otherwise agreed upon in writing.
6.2 Any delivery dates provided are estimates only and are not legally binding, unless explicitly confirmed in writing. Time for delivery shall not be of the essence.
7. Force Majeure
7.1 The Company shall not be held liable for failures or delays caused by circumstances beyond its reasonable control, including but not limited to natural disasters, labour strikes, or supply chain disruptions.
8. Liability
8.1 The Company accepts liability for death or personal injury caused by its negligence.
8.2 Liability for loss or damage to the Customer’s tangible property is limited to the lesser of £100,000 or the value of the Goods under the Contract.
8.3 The Company is not liable for any indirect, consequential, or economic losses incurred by the Customer, including loss of profit or business interruption.
8.4 The Company is not responsible for any installation or labour costs incurred due to late deliveries or the delivery of faulty Goods.
9. Risk and Ownership
9.1 Risk of the Goods passes to the Customer upon delivery. For third-party carrier deliveries, risk transfers once the Goods are dispatched.
9.2 Ownership of the Goods remains with the Company until the Customer has fully paid all amounts due under the Contract. The Customer holds the Goods as a fiduciary and agrees to store them separately to ensure they remain identifiable as the Company’s property.
9.3 The Company reserves the right to reclaim Goods not fully paid for. The Company may enter the Customer’s premises to recover such Goods, as permitted by law.
10. Payment Terms
10.1 Account Customers will be invoiced upon delivery, with payment due by the end of the month following the month of the invoice.
10.2 Non-Account Customers must make full payment before or at the time of delivery.
10.3 Late payments will incur interest at 3% above the base rate set by KBC Bank plc, calculated from the due date to the payment date. The Company reserves the right to suspend deliveries or cancel the Contract for non-payment.
11. Price Adjustments
11.1 The Company reserves the right to adjust prices if the costs of Goods, components, or manufacturing materials increase between the quotation date and delivery. If the increase exceeds 10%, the Customer may cancel the Contract without penalty by providing written notice within seven (7) days of receiving a price adjustment notification.
12. Termination
12.1 The Company may terminate the Contract immediately if the Customer becomes insolvent, ceases trading, or is subject to legal proceedings regarding debt or bankruptcy.
13. Order Cancellation
13.1 Orders can only be cancelled with the Company’s written consent. Any cancellation will require the Customer to indemnify the Company against all associated losses, including a handling charge of 20% of the order value.
14. Legal Compliance
14.1 The Customer is solely responsible for ensuring that the Goods comply with all local laws, ordinances, or regulations.
15. Product Information
15.1 The Company provides instructions, cautionary notices, and technical information accompanying the Goods. The Customer is responsible for following these instructions.
16. Contract Variations
16.1 Any agreed changes to the Contract or Goods must be recorded in writing and will act as an amendment to the Contract rather than forming a new agreement.
17. Governing Law
17.1 The Contract is governed by English law, and any disputes are subject to the exclusive jurisdiction of English courts.
18. Severability and Waivers
18.1 If any provision of these Conditions is deemed invalid or unenforceable, it will not affect the validity of the remaining Conditions.
18.2 Failure by the Company to enforce any provision does not constitute a waiver of its rights.
19. Credit Checks
19.1 The Company may perform credit checks on the Customer, keeping a record of the search and sharing such information with relevant third parties, including credit reference agencies.
20. Pricing
20.1 All prices exclude VAT and delivery charges. A minimum order value of £10 (excluding VAT and delivery) applies.
Nothing in these Conditions affects the legal rights of the Customer as a consumer under applicable law.